Fullerton, Orange County - A 21-year-old Fullerton woman has accepted a plea deal for the death of her newborn son on Monday, in which she will not be charged with murder, but had to plead guilty to felony child abuse.
Yanira Bernice Valderrama concealed her pregnancy from her family and gave birth to the baby in the family's bathroom. It was there where she submerged the newborn in the toilet and soon after wrapped it in a t-shirt and left him in a garbage can in her bedroom where Valderrama's mother later discovered the newborn, according to the District Attorney.
Fullerton criminal attorney Michael L. Guisti says felony child abuse is a very serious charge, but compared to facing murder charges this is a fairly good deal and underscores the importance of having a experienced defense attorney.
The big thing here, Guisti goes on to say, is time in prison as murder charges can potentially lead to life in prison where as felony child abuse charges only carry a maximum of six-years in prison.
During the sentencing phase the judge is going to have to consider her past criminal history, so it's possible the judge may not give Valderrama the maximum sentence, says Guisti.
Guisti points out that child abuse under Penal Code (PC) 273d, which Valderrama pleaded guilty to, only deals with the physical abuse of a child and not any sexual abuse or emotional abuse of a child, and both of those are covered under separate PC sections.
Under PC 273d child abuse is a "wobbler" and can be charged either as a misdemeanor or felony.
If you're facing murder charges or child abuse charges this is very serious and you must contact the Law Offices of Michael L. Guisti Orange County child abuse attorney and Orange County murder attorney specialists at 888-478-8999 right now.
Our experienced Orange County lawyers will work to get you the best possible deal.
